SABYASACHI BHATTACHARYYA,J. - (1.) Defendants No. 3 and 4 in a suit for declaration, injunction and recovery of khas possession have preferred the instant revisional application. By the impugned order, the Waqf Tribunal, West Bengal allowed on contest an application for temporary injunction filed by the plaintiff/opposite party No. 1, thereby directing the parties to maintain status quo over the suit property till disposal of the suit, and rejecting the application of the present petitioners for dismissal of the suit on the ground that the suit was not maintainable before the Tribunal and for rejection of the application for temporary injunction.
(2.) The petitioners argue that the Tribunal had no jurisdiction to entertain the suit in view of the suit property not being specified in the list of auqaf as contemplated in Section 6 of the Waqf Act, 1995 (hereinafter referred to as "the 1995 Act"). It is submitted that although the suit was filed inter alia for declaration that the suit property is a waqf property, the Civil Court has jurisdiction to hear such a suit in view of the same falling outside the purview of Section 6 of the 1995 Act.
(3.) Learned senior counsel appearing for the petitioners places reliance on a resolution dated July 20, 2005 passed by the Board of Waqfs, West Bengal (present opposite party No. 2), whereby the Board held that the suit property was a secular property and could not be enrolled as a waqf property, as the waqif himself, in his Will, excluded the same from the schedule of the waqf property. The said order was passed, pursuant to an order dated September 2, 2004 passed by this Court in W.P. No. 824 (W) of 2004, directing the Board to decide such question.;